§ 1 Area of use
The following general conditions apply to the use of online platforms ALS-Digital IVS.
§ 2 Services of ALS-Digital IVS
(1) ALS-Digital IVS provides online platforms for users where they can use a variety of services by ALS-Digital IVS.
(2) The exact extent of services offered by ALS-Digital IVS is described on the online platforms of ALS-Digital IVS.
§ 3 Conclusion of contract
(1) The contract for the use of online platforms ALS-Digital IVS arises from the fact that the user makes use of the services offered by ALS-Digital IVS and thereby accepts the terms and conditions of ALS-Digital IVS.
(2) A contract is only possible with people who have reached the age of consent are are contractually capable. Minors or persons of limited legal capacity to contract require the consent of the legal representative or guardian.
(3) ALS-Digital IVS is authorized to make the contract conditional upon the user proving the conditions stated in § 3 para 2.
§ 4 Use
(1) Upon conclusion of contract users are entitled to use the services offered by the online platforms of ALS-Digital IVS.
(2) For the use of online platforms ALS-Digital IVS may require users to register. Details will be published on the online platforms of ALS-Digital IVS.
(3) In case of registering being necessary for use of the online platforms of ALS-Digital IVS the user is not entitled to allow third parties to use the online platforms of ALS-Digital IVS.
(4) Unless stated otherwise use of the online platforms of ALS-Digital IVS involves no extra costs. This does not include charges by the users' internet provider for allowing him to access the Internet.
(5) In regard to services that are offered free of charge ALS-Digital IVS is entitled at any time and without notice to change, limit or no longer offer these services. Free services do not constitute contractual obligations of ALS-Digital IVS.
(6) The obligations of ALS-Digital IVS include no further services other than providing the use of the online platforms of ALS-Digital IVS ALS-Digital IVS. Specifically, ALS-Digital IVS is not under obligation regarding contracts with third parties.
§ 5 Availability of online platforms
(1) The online platforms of ALS-Digital IVS are available to users for use via the Internet. To use the online platforms of ALS-Digital IVS users need a standard Internet browser. ALS-Digital IVS is not responsible for establishing and maintaining the Internet connection between the users and the online platforms of ALS-Digital IVS.
(2) The online platforms of ALS-Digital IVS are usually available to the users seven days a week, from time from 00:00 to 24:00 (hereafter "operating hours"). The availability during operating hours is 96% at average per month. During the remaining time (hereafter "maintenance period"), the online platforms of ALS-Digital IVS can still be available, possibly with interruptions and restrictions; users have no claim to the use of the online platforms of ALS-Digital IVS, though.
§ 6 Prices and Payment
In case the use of the online platforms of ALS-Digital IVS involve extra costs for the users the following rules will apply:
(1) All costs stated by ALS-Digital IVS include the VAT as defined by the law.
(2) Payment has to be made through the payment methods offered by the online platforms of ALS-Digital IVS. ALS-Digital IVS is authorized to provide services only after full payment is received.
(3) Payments are considered to be in default according to the statutory provisions as are the respective default charges. Please note that ALS-Digital IVS considers users to be in default in any case if payment is not made within 30 days of the due date and receipt of an invoice or an equivalent request for payment.
§ 7 Right of withdrawal
Consumers have a fourteen day right of withdrawal. Consumer refers to any person who concludes a contract for a purpose that can be attributed neither to a commercial or self-employed commercial activity.
Information on the right of withdrawal
Right of withdrawal
You can cancel your contract within 14 days without reason in writing (e.g. letter, e-mail). The period begins upon receipt of this notification in writing but not prior to conclusion of contract nor prior to fulfilment of our obligation to inform as stated in article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB and our obligation according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. In order to preserve the right of withdrawal sending off the revocation is considered sufficient. The revocation must be sent to:
ALS-Digital IVS AG
DK 6430 Nordborg
Email Contact ALS-Digital
Consequence of withdrawal
In case of an effective withdrawal the mutually received benefits and any further benefits (e.g. interest) need to be returned. In case you are unable to return the received services and benefits (e.g. compensation for use) or are unable to do this completely or are able to do this only in deteriorated condition or lessened extent you will be obliged to pay respective compensation. This may mean that you will be under obligation to make payments for the period of time until the cancellation is/was made. Obligations to reimburse payments must be made within 30 days. The period starts for you when you send the revocation and begins for us with its receipt.
Your right of revocation expires early if the contract is fulfilled completely by both parties at your explicit request before you have exercised your right of revocation.
End of information on the right of withdrawal
§ 8 Liability for Content
(1) For the content posted by users, especially for texts and images the users post within the limits of this contract on the online platforms of ALS-Digital IVS, regardless of the form in which this is done, and for the accuracy and legality of this content the users have sole responsibility. In particular, the users assure that texts and pictures posted by them do not infringe third party rights, in particular copyright, privacy, and/or trademark rights of third parties and do not breach law on competition. ALS-Digital IVS is not required to audit the texts and images posted by users regarding violations of third party rights or law on competition but is entitled to do so.
(2) In case users violate the obligations as stated above in § 8 paragraph 1 they are required to absolve ALS-Digital IVS from any third party claims arising from this violation. This also includes any penalty fees, fines or costs associated with a criminal prosecution and any judicial and extrajudicial costs for ALS-Digital IVS due to a civil dispute.
(3) If violations of § 8 paragraph 1 are discovered either by ALS-Digital IVS or are brought to ALS-Digital IVS' attention by third parties ALS-Digital IVS is entitled to remove the content in question without the consent of the users until the facts and the legal issue has been resolved.
§ 9 Copyright protection
(1) The content visible on the online platforms of ALS-Digital IVS, especially the data posted by ALS-Digital IVS, photographs, texts written by ALS-Digital IVS, images, graphics, etc., are copyright protected in favour of ALS-Digital IVS and ALS-Digital IVS holds the respective rights.
(2) The users of online platforms ALS-Digital IVS are obliged to respect the copyright and trademark protection as well as all other related rights in favour of ALS-Digital IVS and may not infringe these rights. Users may use the content of the online platforms of ALS-Digital IVS for personal use only. Any other reproduction, alteration, public presentation, distribution, circulation or other use is not permitted. Illegal use will be prosecuted by ALS-Digital IVS in accordance to current law.
§ 10 Participation of users
(1) It is left to the users to establish and maintain the Internet connection between the online platforms of ALS-Digital IVS and their computer system.
(2) The use of online platforms ALS-Digital IVS is dependent on the users' hardware and software meeting the minimum technical requirements for the use of the currently available version of the online platforms of ALS-Digital IVS.
§ 11 Actions by users disrupting the online platforms
(1) The users commit themselves to refrain from actions that disrupt operation of the online platforms or endanger them. This includes in particular any action that bypass the security mechanisms of the online platforms or annoy other users of the online platforms in an unreasonable manner.
(2) In case users violate the obligations as stated above in § 11 paragraph 1 they are required to absolve ALS-Digital IVS from any third party claims arising from this violation. This also includes any penalty fees, fines or costs associated with a criminal prosecution and any judicial and extrajudicial costs for ALS-Digital IVS due to a civil dispute.
§ 12 Protection of data and passwords
(1) When using the online platforms of ALS-Digital IVS it is possible that the content posted by users is public.
(2) In regard to passwords, user names or other security measures that are associated with the use of the online platforms provided by ALS-Digital IVS users are under obligation to take great care and avoid disclosure to any third party.
§ 13 Duration of the contract and termination of contract
(1) The license agreement for the use of online platforms of ALS-Digital IVS is concluded for an indefinite period of time.
(2) The right of the contracting parties to terminate the license agreement on cogent grounds remains unaffected.